IN THE HIGH COURT OF DELHI AT NEW DELHI
Swarana Kanta Sharma, J.
Swati Patel - Appellant
Versus
The State & Anr. - Respondents
Cr.M.C. 2630 of 2021
Decided On : 30-01-2024
Cancellation of Anticipatory Bail - Criminal Procedure - Cr.P.C. 439(2), 482 - IPC 376, 376(2)K, 506, 201, 120B - The court discussed the principles and circumstances under which bail granted to an accused can be cancelled. The court also highlighted the grounds for cancellation of bail and emphasized the need for supervening circumstances or conduct of the accused post grant of bail demonstrating that it is no longer conducive to a fair trial to permit the accused to retain freedom by enjoying the concession of bail during trial. The court found no infirmity in the order granting anticipatory bail to the accused and dismissed the petition.
Fact of the Case:
The case involved an application seeking cancellation of anticipatory bail granted to the respondent, who was accused of serious offenses including rape, criminal intimidation, and destruction of evidence. The petitioner, a political worker, alleged that the respondent, a sitting Member of Parliament, had sexually assaulted her and was constantly threatening her.
Finding of the Court:
The court found no infirmity in the order granting anticipatory bail to the accused. It noted that the bail was granted based on a detailed and reasoned order, considering the material collected and placed on record. The court also dismissed the petitioner's claims of threats and inappropriate social media content against her, citing lack of substantiating evidence.
Issues: The issues revolved around the grant of anticipatory bail to the accused, the petitioner's allegations of threats and delay in trial, and the influence of the accused as a sitting Member of Parliament.
Ratio Decidendi: The court emphasized the need for supervening circumstances or conduct of the accused post grant of bail demonstrating that it is no longer conducive to a fair trial to permit the accused to retain freedom by enjoying the concession of bail during trial. It also highlighted the grounds for cancellation of bail, including interference with the administration of justice, evasion of justice, and abuse of the concession granted to the accused.
Final Decision: The court dismissed the petition seeking cancellation of anticipatory bail granted to the accused, stating that there was no subsequent event warranting interference with the bail order. The petitioner was advised to approach the Witness Protection Committee in case of any threats, and the SHO was directed to ensure prompt action upon receipt of any complaint.
JUDGMENT
Swarana Kanta Sharma, J. - The instant application under Section 439(2) read with Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been filed on behalf of petitioner seeking cancellation of anticipatory bail granted to respondent no. 2, in case FIR bearing no. 162/2021, registered at Police Station Connaught Place, Delhi, under Sections 376/376(2)K/506/201/120B of Indian Penal Code, 1860 (`IPC') vide order dated 25.09.2021 passed by learned Special Judge, PC Act, CBI-23, Rouse Avenue, District Court, New Delhi (`Sessions Court').
2. Brief facts of the case, as disclosed from the impugned order, are that the accused/respondent no. 2 herein was a sitting Member of Lok Sabha from Lok Janshakti Party and the petitioner/prosecutrixwas a political worker of Lok Janshakti Party, and had joined the same in December, 2019. Both the accused and the prosecutrix had lodged cross FIRs against each other. In the first FIR bearing no. 27/2021, P.S. Parliament Street, lodged by the accused against the prosecutrix, the allegations of extortion were levelled against the prosecutrix. In the FIR lodged by the accused, it was alleged that in the month of February, 2019, prosecutrix had met the accused at his residence in New Delhi as a political worker and had offered her assistance in the political field. Thereafter, both had exchanged the telephone numbers and had started spending time together. Thereafter, on 16.06.2020, the prosecutrix had insisted that she wanted to visit the accused and had given an impression to him that she really likes him. On 18.06.2020, the accused had gone to the house of the prosecutrix in Ghaziabad and there, she had seduced him to have physical relations with her. Thereafter, on couple of occasions, the accused and complainant had physical relations at her residence in Ghaziabad. In the month of August, 2020, the accused had come to know that the prosecutrix was already in relationship with one Amar. This fact had come to the knowledge of accused when he had received a call from Amar from the mobile phone of the prosecutrix. It is further alleged in the said FIR, that after the accused had come to know about the relationship of prosecutrix with Amar, he had started maintaining distance with the prosecutrix and used to avoided making calls and sending messages to her. Thereafter, the prosecutrix along with her friend Amar had started sending threatening messages along with screenshots of video footage prepared by the prosecutrix during one of his visits at her residence in Ghaziabad. The prosecutrix and Amar had threatened the accused to upload the obscene video and pictures taken by the prosecutrix on social media platform in case Rs.1 Crore was not paid to the prosecutrix. Both of them had also threatened to implicate him in a false case of rape. The accused under pressure and fear of being defamed in public had given Rs.2 lacs in cash in three-four installments to the prosecutrix, however, the demands of the prosecutrix did not end. Therefore, the accused was compelled to lodge the FIR bearing no. 27/2021, P.S. Parliament Street against the prosecutrix and her friend Amar for offence of extortion. Along with the complaint, the accused had also provided the copy of WhatsApp chats and transcription of audio recordings. The accused in the said FIR, who is the prosecutrix in the present FIR, was granted anticipatory bail in that case. As revealed, after three months of lodging of the FIR, prosecutrix herein had sent a complaint dated 31.05.2021 through speed post to SHO, P.S. Parliament Street, New Delhi and thereafter, had further sent a complaint dated 28.06.2021 to the SHO, P.S. Connaught Place, New Delhi alleging that the prosecutrix had gone to meet the accused in his Western Court office in February, 2020 where she was offered a glass of water and after drinking the same, she had started feeling dizziness and had become unconscious. On regaining consciousness, she had found her head on
Central Bureau of Investigation v. Subramani Gopalakrishnan
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The main legal point established in the judgment is that the grounds for cancellation of bail must be justified under section 439(2) Cr.P.C., and the progress of the investigation and the likelihood ....
Grant of bail though being a discretionary order, calls for exercise of such discretion in a judicious manner and is dependent upon contextual facts of the matter being dealt with by Court.
Anticipatory bail can be revoked if the accused does not cooperate with the investigation or poses a threat to law and order.
Cancellation of bail requires compelling evidence of misconduct or supervening circumstances affecting fairness of trial; mere subsequent offenses do not suffice.
The nature and seriousness of the proposed charges, the context of the events likely to lead to the making of the charges, a reasonable possibility of the applicant's presence not being secured at th....
The court has the authority to cancel bail if the order suffers from serious infirmities resulting in miscarriage of justice, and if the accused misuses their liberty, interferes with the investigati....
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